The Inaccuracy of Eyewitness Testimony

       Eyewitness testimony is used every day in court cases across the country. But, how reliable is eyewitness testimony when it comes to the aspects of a person’s memory? Quoting Elizabeth Loftus, “Memories are not fixed.” This means that memories can be changed, lost and created. Eyewitnesses tend to remember major details, but memory of minor details is low. Eyewitnesses who perceive themselves as objective have more confidence in their testimony. However, confidence is not the same as accuracy.

Many factors can account for a person’s eyewitness testimony to be inaccurate. One such example is when a weapon is used in the crime being committed. Some studies show that a witness’ attention may be more on the weapon rather than the details of the crime and the perpetrator. A witness may be less likely to recall the events accurately. Another factor concerns how a police line – up is conducted. Some research suggests first having the witness describe the perpetrator and then look through photos matching that description rather than looking through photos first. Some also believe that errors are less likely if members of a line – up are viewed one after another rather than all together. However, although the “show – up” method (seeing one suspect at a time) results in fewer misidentifications, it is less likely to make a positive identification. A third factor that can affect eyewitness testimony is how a witness is questioned. Specific wording by police officers or attorneys can affect how a witness recalls information. Some researchers suggest that neutral questions be asked. Suggestive techniques can result to mistaken memories. These mistaken memories can even be detailed if the techniques are suggestive enough. Another study reports that race could even play a role in inaccurate eyewitness testimony. This study reported that it is 15% more likely that a witness identify the wrong person if the perpetrator’s race was different than their own.

           

       Witnesses can have false memories. There are several reasons this can happen. One reason was talked about previously - suggestive techniques. Another reason is the misinformation effect. This occurs when misleading information is supplied after the event and results in false recollections of the actual event. Also, each time a witness recounts testimony, they become more likely to change their testimony in response to misinformation. Some “recovered memories”, which are most likely to be false memories, are usually uncovered by hypnosis or guided imagery. Hypnosis does not improve accuracy of memory. Having a witness, or victim, imagine an experience as if it happened, can lead them to believe it did happen.  An eyewitness can also pick up information from other sources, such as the media or idle gossip. They can use what they hear to create false memories of an event. Children as witnesses can also contribute to the false memory scenario. Children’s memories can be highly affected by others especially when the event is highly stressful or emotional. Witnesses talking to one another before police can jumble up memories as well.

            The inaccuracy of eyewitness testimony can have some implications on our society. Wrong testimony can lead to the wrong person being convicted of a crime. This means an innocent person could spend years in prison for a crime they didn’t commit. The other part of this implication is that while an innocent person is jailed, the true guilty person is still free. He could then commit crimes again. This is also an implication, as our tax dollars are paying for an innocent person to be jailed. There could also be lawsuits to be paid if it is revealed that the person was innocent and jailed. Also, inaccurate testimony could let a guilty person go free. More state money could be spent trying to convict the person in some other way. These are all severe implications for our society.

 After conducting my research, my conclusion is that eyewitness testimony is not always accurate and can in many times be wrong. I personally feel that a court case should not rest solely on eyewitness testimony but should also be based on forensic evidence.

References

Renner, T., Morrissey, J., Mae, L., Feldman, R.S. & Majors, M. (2011) Psychsmart. New            

    York, NY: The McGraw – Hill Companies, Inc. (pp. 150 – 153)

Wood, S. E., Wood, E. G., & Boyd, D. (2011) The World of Psychology (7^th ed.).       Boston, MA: Pearson Education, Inc. (pp. 200 – 202)

University of Washington Faculty. (2003) Our changeable Memories: legal and practical

    Implications. Loftus, E. retrieved from 

    http://faculty.washington.edu/eloftus/Articles/2003Nature.pdf

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